[OSM-legal-talk] CTs and the 1 April deadline

Richard Fairhurst richard at systemed.net
Tue Jan 4 15:49:09 GMT 2011


Rob Myers wrote:
> On 04/01/11 15:05, Richard Fairhurst wrote:
>> OS OpenData is AIUI compatible with ODbL and the latest Contributor
>> Terms.
> [citation needed]
> (http://fandomania.com/wp-content/uploads/2008/04/xfiles1.jpg)

:)

I keep meaning to sit down and write a long blog post about this.

== ODbL ==

The OpenData licence requires attribution, and for that attribution to be
maintained on subsequent derivatives. ODbL provides that. (My reading of
ODbL 4.3 is that "reasonably calculated" imposes a downstream attribution
requirement on Produced Works: after all, if you wildly license your
Produced Work allows it to be redistributed without attribution of sources,
you haven't reasonably calculated that any person "exposed to" it will be
aware of the database and the licence.)

As it happens OS is planning to move to the Open Government Licence, and
this has an explicit compatibility clause with any ODC attribution licence.
(It also has sane guidance on attribution, e.g. "If it is not practical to
cite all sources and attributions in your product prominently, it is good
practice to maintain a record or list of sources and attributions in another
file. This should be easily accessible or retrievable.")

Personally I find it helpful to consider OSM as a Derivative Database of an
ODbL-licensed OS OpenData; this makes it easy to follow through the
attribution requirements for anything OSM-derived that contains a
substantial amount of OS OpenData.

== Contributor Terms ==

AIUI the attribution requirement is also compatible with CT as of the 1.2.2
revision (https://docs.google.com/View?id=dd9g3qjp_933xs7nvfb&pli=1). The
CTs need a bit of a polish for style (Francis Davey has made good
suggestions here) but the intention is clear enough.

The Rights Granted section (2) now begins "Subject to Section 3 and 4
below". The "and 4" is new (added at my request).

Section 4 is a promise of attribution, as required by the OpenData licence.
So you are not being asked to grant OSMF any rights that the OpenData
licence doesn't give you.

cheers
Richard


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